Property: Licenses and Profits

The License

The license is a mere privilege to enter another’s land for some delineated purpose. Unlike an easement, it is not an interest in land; it is merely a privilege and revocable at will of the licensor. A license is inalienable because it is personal to the licensee. An attempt to transfer the license will terminate the license by offer of law

Creation of a License

A writing is not needed to create a license because the license is not subject to the SoF. A license can also arise from a failed attempt to create an easement. If a grantor orally grants an easement for more than one year, there is no easement but the grantee does have a license

Revocation of a License

Licenses are freely revocable at the will of the licensor unless estoppel applies.

Estoppel

Estoppel applies to bar revocation only when the licensee has invested substantial money or labor or both in reasonable reliance on the license’s continuation. The license becomes an easement by estoppel, which lasts until the holder receives sufficient benefit to reimburse them for their expenditures

License Coupled with Interest

A license coupled with an interest is irrevocable as long as the interest lasts. For example, the buyer of a chattel may enter the seller’s land to remove the chattel, or a future interest holder may enter and inspect the land for waste.

The Profit, generally

The profit entitles its holder to enter the servient land and take from it some resources (soil, mineral, timber, etc.) or product of the property (such as fish or game.)

Creation and Termination of Profits

The same rules apply as creation and termination of easements

Alienation of Profits

The alienation of profits is the same as the alienation of easements.

Profit Surcharge

A profit may be extinguished through surchange, which is misuse that overly burdens the servient estate.